Bid Document

County of Somerset New Jersey
PO Box 3000 – 20 Grove Street
COUNTY ADMINISTRATION BUILDING
SOMERVILLE, NJ 08876-1262
PURCHASING DIVISION
KAREN L. MCGEE, RPPO, QPA
Purchasing Agent
PHONE: (908) 231-7053
Fax: (908) 575-3917
NOTICE TO BIDDERS
Sealed bids will be received by the Purchasing Agent for the County of Somerset on
September 3, 2015 at
2:30pm. prevailing time in the Purchasing Division, County
Administration Building, 20 Grove St., Somerville, NJ 08876 at which time and place bids will be
opened and read in public for:
Interior Plantscape Maintenance, 40 North Bridge Street and 20 Grove Street
Contract #CC-0117-15
Proposals must be made on the standard proposal forms, be enclosed in a sealed package
bearing the name and address of the bidder and the “BID TITLE NAME & CONTRACT” on the
outside, addressed to Karen L. McGee, Purchasing Agent at the address above.
Specifications and instruction to bidders may be obtained at the Purchasing Office or the County
website at www.co.somerset.nj.us *
* All Bid Addenda will be issued on the website. Therefore, all interested respondents should
check the website from now through bid opening. It is the sole responsibility of the respondent
to be knowledgeable of all addenda related to this procurement.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27 et seq.
Karen L. McGee, QPA
Purchasing Agent
NOTICE- RESULTS OF ALL BIDS ARE POSTED ON THE COUNTY WEB SITE.
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COUNTY OF SOMERSET
GENERAL INSTRUCTIONS
1.
SUBMISSION OF BIDS
A. Sealed bids shall be received in accordance with public advertisement as required by law, a copy of said
notice being attached hereto and made a part of these specifications.
B. Each bid shall be submitted on the proposal form attached, in a sealed envelope
(1) addressed to the Purchasing Agent
(2) bearing the name and address of the bidder on the outside
(3) clearly marked "BID" with the name of the item(s) being bid. Provide One (1) Original & One (1) copy
of the bid.
(4) We now store all responses electronically; therefore submit all pages of the response on a CD in
addition to the printed copies.
C. It is the bidder's responsibility to see that bids are presented to the Purchasing Agent on the hour and at
the place designated. Bids may be hand delivered or mailed; however, the County disclaims any
responsibility for bids forwarded by regular or express mail. If the bid is sent by express mail, the
designation in B. above must also appear on the outside of the express company envelope. Bids
received after the designated time and date will be returned unopened.
D. The County reserves the right to postpone the date for presentation and opening of bids and will give
written notice of any such postponement to each prospective bidder as required by law.
E. Multiple Bids Not Accepted
More than one bid from an individual, a firm or partnership, a corporation or association under the same
or different names shall not be considered.
F. The Somerset County Park Commission is to be considered an agency of the County entitled
to participate in the contract(s) resulting from this bid.
2.
BID SECURITY
The following provisions, if indicated by an (x), shall be applicable to this bid and be made a part of the
bidding documents:
A.
BID GUARANTEE
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten
percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the County.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety
company authorized to do business in the State of New Jersey and acceptable to the County.
The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The check or
bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the
required performance bond or other security is submitted.
The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract
pursuant to statute. Failure to submit required guarantee shall be cause for rejection of the bid.
B.
CONSENT OF SURETY
Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of
bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to
the County stating that it will provide said bidder with a Performance Bond in the full amount of the bid.
This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will
furnish Performance and Payment bonds from an acceptable surety company on behalf of said bidder,
any or all subcontractors or by each respective subcontractor or by any combination thereof which results
in performance security equal to the total amount of the contract, pursuant to statute.
Failure to submit this shall be cause for rejection of the bid.
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C.
PERFORMANCE BOND
Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed
bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful
performance of this contract.
3.
QUOTATIONS, BIDS AND FORMS
A. (1). The County of Somerset is exempt from any local, state or federal sales, use or excise
tax. Somerset County will not pay service charges such as interest and late fees.
(2). The County of Somerset or any of its offices and divisions will not complete credit
applications as a result of contract(s) resulting from award based on these specifications. The
County is rated by:
Standard & Poor’s Ratings Group: AAA
Moody’s Investors Services: Aaa
Dun and Bradstreet
B. Bids must be signed in ink by the bidder; all quotations shall be made with a typewriter/computer or pen
and ink. Any quotation showing any erasure alteration must be initialed by the bidder in ink. Unit prices
and totals are to be inserted in spaces provided.
C. Failure to sign and give all information in the bid may result in the bid being rejected.
D. Estimated Quantities (Open-Ended Contracts, Purchase as Needed) The County has attempted to
identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past
experience shows that the amount ordered may be different than that submitted for bidding. The right is
reserved to decrease or increase the quantities specified in the specifications pursuant to Statute. NO
MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
E. Insert prices for furnishing all of the material described. Prices shall be met including all transportation
charges fully prepaid by the contract F.O.B. destination and placement as designed by the County. No
additional charges will be allowed for any transportation costs resulting from partial shipments made at
vendors’ convenience when a single shipment is ordered.
F. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No bid may be
withdrawn in the 60 day period after the bids are received.
G. All forms shall be completed and attached to the bid proposal. BIDDER IS ALERTED TO THE
BID DOCUMENT CHECK LIST PAGE.
4.
INTERPRETATIONS AND ADDENDA
A. The bidder understands and agrees that its bid is submitted on the basis of the specifications
prepared by the County. The bidder accepts the obligation to become familiar with these specifications.
B. Bidders are expected to examine the specifications and related documents with care and observe all
their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in
writing to the Purchasing Agent. In the event the bidder fails to notify the County of such ambiguities,
errors or omissions, the bidder shall be bound by the bid.
C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for
an interpretation shall be in writing, addressed to the Purchasing Agent. In order to be given consideration,
written requests for interpretation must be received as least ten (10) days prior to the date fixed for the
opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form
of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance
with Statute. All addenda so issued shall become part of the contract documents, and shall be
acknowledged by the bidder in the bid. The County’s interpretations or corrections thereof shall be final.
D. 1. If the amount shown in words and its equivalent figures do not agree, the written words shall
be binding. Ditto marks are not considered writing or printing and shall not be used.
2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices
shall prevail. In the event there is an error of the summation of the extended totals, the computation
by the County of the extended totals shall govern.
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5.
BRAND NAMES, STANDARDS OF QUALITY, PATENTS
A. Only manufactured and farm products of the United States, wherever available, shall be used
on this contract in accordance with prevailing statutes.
B. Brand names and or descriptions used in this bid are to acquaint bidders with the type of commodity
desired and will be used as a standard by which alternate or competitive materials offered will be
judged. Competitive items must be equal to the standard described and be of the same quality of work.
Variations between materials described and the materials offered are to be fully explained by the bidder
on a separate sheet and submitted with the proposal form. Vendor's literature will not suffice in
explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be
presumed and required that materials as described in the proposal be delivered.
C. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The County
reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its
requirements.
D. The contractor shall hold and save harmless the County, its officers, agents, servants, and employees,
from any liability of any nature and kind for or on account of the use of any copyrighted or uncopyrighted
composition, secret process, patented or unpatented invention or article furnished or used in the
performance of this contract.
E. Wherever practical and economical to the County, it is desired that recycled or recyclable products be
provided. Please indicate when recycled products are being offered.
6.
AWARD OF BID
A. The County reserves the right to accept or reject any or all bids, to waive identified irregularities and
technicalities, and to award in whole or in part to the lowest responsible bidder, if it is in the best interest
of the County to do so. Without limiting the generality of the foregoing, any bid which is incomplete,
obscure, or irregular may be rejected, any bid having erasures or corrections in the price sheet may be
rejected; any bid in which unit prices are omitted, or in which unit/total prices are unbalanced, may be
rejected; any bid accompanied by any insufficient or irregular certified check, cashier's check or bid
bond may be rejected.
B. The County further reserves the right to award each item separately to the lowest responsible bidder
meeting specifications or to make an award based on the total bid to the bidder whose total sum is the
low bid meeting the specifications, whichever in the awarding authorities' opinion is in the best interest of
the County. Without limiting the generality of the foregoing, the County reserves the right to award a
contract based on either option that may be described in the bid proposal or based on any combination
thereof.
C. The County reserves the right to award equal or tie bids at their discretion to any one of the tie
bidders.
D. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the County may then, at
its option, accept the bid of the next lowest responsible bidder.
E. The effective period of this contract will be two years unless otherwise noted in the specifications.
Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in
the following year's budget. In the event of unavailability of such funds, the County reserves the right
to cancel this contract.
F. Government entities are not private business/consumer clients; therefore, separate company
agreements are not honored. Terms of the specifications/bid package prevail unless otherwise noted by
the vendor as exceptions.
7.
NEW JERSEY PREVAILING WAGE ACT (When Applicable)
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all
requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified
payroll record to the owner within ten (10) days of the payment of the wages. The contractor is also
responsible for obtaining and submitting all subcontractors’ certified payroll records within the
aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in
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N.J.A.C. 12:60-6.1(c). It is the contractor’s responsibility to obtain any additional copies of the certified
payroll form to be submitted by contacting the New Jersey Department of Labor andWorkforce
Development, Division of Workplace Standards. Additional information is available at
www.state.nj.us/labor/lsse/lspubcon.html.
8.
THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT
N.J.S.A. 34 :11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors
named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted.
After bid proposals are received and prior to award of contract, the successful contractor shall submit a
copy of the contractor’s certification along with those of all listed subcontractors. All non-listed
subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It
is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate
prior to starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust, corporation
or other legal business entity or successor thereof who enters into a contract” which is subject to the
provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34 :11-56.25, et seq.) It applies to contractors
based in New Jersey or in another state.
The law defines “public works projects” as contracts for “public work” as defined in the Prevailing Wage
statute (N.J.S.A. 34 :11-56.25(5) ). The term means:

“Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including
painting and decorating, done under contract and paid for in whole or in part out of the funds of a
public body, except work performed under a rehabilitation program.

“Public work” shall also mean construction, reconstruction, demolition, alteration, or repair work,
done on any property or premises, whether or not the work is paid for from public funds… “

“Maintenance work” means the repair of existing facilities when the size, type or extent of such
facilities is not thereby changed or increased. White “maintenance” includes painting and
decorating and is covered under the law, it does not include work such as routine landscape
maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor with a full and accurately completed
application form. The form is available online at www.state.nj.us/labor/Isse/Ispubcon.html. N.J.S.A. 34:1156.55 specifically prohibits accepting applications for registration as a substitute for a certificate or
registration.
9.
NON-COLLUSION AFFIDAVIT
The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and
submitted intact with the proposal.
10.
NON-DISCRIMINATION
There shall be no discrimination against any employee engaged in the work required to produce the
commodities covered by any contract resulting from this bid, or against any applicant to such
employment because of race, religion, sex, national origin, creed, color, ancestry, age, marital
status,
affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United
States, or nationality. This provision shall include, but not be limited to the following: employment
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay
or other forms of compensation, and selection for training, including apprenticeship. The contractor
shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from
this bid.
11.
MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE
NO FIRM MAY BE ISSUED A CONTRACT UNLESS THEY COMPLY WITH THE EEO/AFFIRMATIVE
ACTION REGULATIONS OF P.L. 1975, c. 127, AS AMENDED FROM TIME TO TIME, AND THE
AMERICANS WITH DISABILITIES ACT
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.
A. Procurement, Professional and Service Contracts
All successful vendors must submit prior to an award of the contract one of the following:
(1)
A photocopy of their Federal Letter of Affirmative Action Plan Approval, or
(2)
A photocopy of their State Certificate of Employee Information Report, or
(3)
A photocopy of completed Affirmative Action Employee Information Report:
AA302- Available on-line at www.state.nj.us/treasury/contract_compliance
B. Construction Contracts
All successful contractors must submit prior to signing of the contracts an Initial Project Manning Report
(AA201-available on-line at www.state.nj.us/treasury/contract_compliance for any contract award that
meets or exceeds the bidding threshold.
12.
WORKER AND COMMUNITY RIGHT TO KNOW ACT
The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J.
Worker and Community Right to Know Law (N.J.S.A. 34: 51 et seq., and N.J.A.C 5:89-5 et seq.).
All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s)
of all hazardous substances in the container, and all other substances which are among the five most predominant
substances in the container, or their trade secret registry number(s). (N.J.A.C. 8:59-5) or adhere to the requirements of
The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S. Occupational Safety
and Health Administration (OSHA) Hazard Communication Standard (HCS) as outlined in the Federal Register / Vol.
77, No. 58 / Monday, March 26, 2012 / Rules and Regulations as adopted in final rule by DEPARTMENT OF LABOR,
Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, [Docket No. OSHA–H022K–
2006–0062, (formerly Docket No. H022K)], RIN 1218–AC20, Hazard Communication. Further, all applicable
documentation must be furnished.
.
13.
STATEMENT OF CORPORATE OWNERSHIP
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be awarded
a contract, unless prior to the receipt of the bid or accompanying the bid of the corporation, partnership,
limited partnership, limited liability corporation, limited liability partnership, subchapter S corporation or sole
proprietorship, there is submitted to the County a statement setting forth the names and addresses of all
stockholders who own 10% or more of the stock, of any class or of all individual partners who own a 10%
or greater interest in the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship. If one or more such stockholder or
partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation’s
stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be,
shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate
stockholder and individual partner, exceeding the 10% ownership criteria established in this act has been
listed. This form shall be signed and submitted with the bid/proposal whether or not a stockholder or
partner owns less than 10% of the business submitting the bid. Failure to comply requires mandatory
rejection of the bid/proposal.
14.
ACQUISITION, MERGE, SALE AND/OR TRANSFER OF BUSINESS, ETC.
It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her
business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to
another party, all obligations are transferred to that new party. In this event, the new owner(s) will be
required to submit, when required, a performance bond in the amount of the open balance of the contract.
15.
INSURANCE AND INDEMNIFICATION
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings
of any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility
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.
The contractor further covenants and agrees to indemnify and save harmless the owner from the payment
of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries,
damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss
ncurred for or by reason of the violation of any owner regulation, ordinance or the laws of the State, or the
United States while said work is in progress.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided with the owner named as additional insured.
A. Insurance Requirements
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the bidder covering all
employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 1
2:235-1.6. Minimum Employer’s Liability $l,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one
accident for bodily injury and $3,000,000.00 aggregate for property damage, and shall be maintained in
force during the life of the contract.
Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of
not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily injury and
$3,000,000.00 each accident for property damage, shall be maintained in force during the life of this
contract by the bidder.
B. Certificates of the Required Insurance
Yes
No
Certificates as listed above shall be submitted along with the contract as evidence covering
Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable,
necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with
acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall
name the OWNER as an additional insured.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the
OWNER as an additional insured.
C. Indemnification
Successful respondent shall indemnify and hold harmless the OWNER from all claims, suits or actions
and damages or costs of every name and description to which the OWNER may be subjected or put by
reason of injury to the person or property of another, or the property of the OWNER, resulting from
negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or subcontractors in the
delivery of goods and services, or in the performance of the work under the contract.
Somerset County will not accept Mutual Limitation of Liability terms.
16.
PAYMENT
Payment will be made after a properly executed County voucher has been received and formally approved
on the voucher list by the Board of Chosen Freeholders at its subsequent regular meeting. The voucher
will be certified correct by the department/division head who received the goods or services.
17.
TERMINATION
A.
DEFAULT
Non-performance of the Contractor in terms of specifications shall be a basis for termination of the contract
by the County. The County may terminate the contract upon 30 days' written notice to the Contractor. The
County shall not pay for any services and/or materials which are unsatisfactory. The contractor may be
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given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no
way be construed as negating the basis for termination for non-performance.
B.
UNCONDITIONAL TERMINATION FOR CONVENIENCE:
The County may terminate the resultant contact for convenience by providing sixty (60) calendar days
advance notice to the contractor.
C.
TERMINATION FOR DEFAULT:
If the Contractor fails to meet deadlines, or fails to provide the agreed upon services, and or material
altogether, a termination for default will be issued, but only after the County has determined the Contractor
has failed to remedy the problem after being forewarned.
D.
TERMINATION BY THE COUNTY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit of its
creditors, or if a receiver should be appointed on account of its insolvency, the County may terminate this
contract. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which
extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently
disregard laws and ordinances, or not proceed with work of this contract, the County shall give the
Contractor fifteen (15) calendar days written notice. Upon receipt of such termination notice, the Contractor
shall be allowed seven (7) calendar days to cure such deficiencies.
18.
INDEMNIFICATION:
The Contractor agrees to indemnify and save harmless the County, its officers, agents and employees,
hereinafter referred to as indemnities, from all suits, including attorney's' fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Workers Compensation law, or arising out of failure of the Contractor or those
acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It is the
intent of the parties to this contract that the indemnities shall, in all instances, except for loss or damage
resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or damage of
any nature whatsoever.
19.
ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete services to this contract. Should a service requirement
be deleted, payment to the Contractor will be reduced proportionally to the amount of service deleted in
accordance with the bid price. Should additional services be required, payment to the Contractor will be
increased proportionally to the amount of service added in accordance with the bid price.
20.
Vendor’s literature and/or pricing sheets will not be accepted in lieu of completing the proposal blank(s)
set forth in these specifications.
21.
Bidders shall not write in margins or alter the official content or requirements of the County bid documents.
22.
SPECIFICATIONS
Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with
the contracting agent no less than three business days prior to the opening of the bids. Challenges filed
after that time shall be considered void and having no impact on the contracting unit or the award of
contract.
23.
OWNERSHIP OF MATERIAL
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration or
termination of the contract or completion of any related services, pursuant thereto, whichever comes first.
None of the documents and/or property shall, without the written consent of the owner, be disclosed to
others or used by the contractor or permitted by the contractor to be used by their parties at any time
except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this
contract shall belong exclusively to the owner. All data, reports, computerized information, programs and
materials related to this project shall be delivered to and become the property of the owner upon
completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the
interim or final work products, or make available to third parties, without the prior written consent of the
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owner. All information supplied to the owner may be required to be supplied on CD-ROM media
compatible with the owner’s computer operating system, windows based, Microsoft Office Suite 2000.
24.
AMENDMENTS TO N.J.S.A. 2C: 21-33 et. seq. “TRUTH IN CONTRACTING”
New provisions of law govern false claims and representation. It is a serious crime for the vendor to
knowingly submit a false claim and/or knowingly make material misrepresentation. There are enhanced
penalties for areas of false claims, bid rigging and bribery, gratuities and gifts; and conflict of interest.
Please consult the statute for further information.
25.
N.J. BUSINESS REGISTRATION PROGRAM
Certificate required pursuant to C57, PL2004; failure to be registered by time of contract award may be
cause for rejection. Entities or individuals that need to file for a certificate may do so on-line through the NJ
Division of Local Government Services at the following link:
http://www.state.nj.us/treasury/revenue/busregcert.shtml.
26.
“PAY TO PLAY” – NOTICE OF DISCLOSURE REQUIREMENT – P.L. 2005,
Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27)
Any business entity that has received $50,000 or more in contracts from government entities in a
calendar year is required to file an annual disclosure report with ELEC. The instructions and form are
available on the ELEC website.
th
Annual Disclosures require submission by March 30 of each year covering contracts and contributions for
the prior calendar year.
At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s
website at www.elec.state.nj.us.
If you have any questions please contact ELEC at:
1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700
(1)
(2)
(3)
(4)
27.
NON-ALLOCATION OF FUNDING TERMINATION
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for
the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the
Owner at the end of any particular fiscal year may terminate such services. The Owner will notify the
Contractor in writing immediately of any services that will be affected by a shortage of appropriated funds.
This provision shall not be construed so as to permit the Owner to terminate this Agreement during the
term, or any service hereunder, merely in order to acquire identical services from a third party contractor.
28.
NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS
Public funds may be used to pay only for goods delivered or services rendered. Somerset County will not
pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any
other document that represents a legal commitment on the part of the County to pay additional fees.
29.
FIRM FIXED CONTRACT
This is a firm fixed contract, prices firm, FOB County locations. No price escalation. The vendor shall void
the contract and permit the County to solicit open market pricing should any price increase or surcharge be
imposed.
30.
W-9
Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to contract
award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
31.
HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding HIPAA
regulations for the confidentiality and security of medical information.
The Contractor shall:
 Not use or disclose protected health information other than as permitted or required by law
 Use appropriate safeguards to protect the confidentiality of the information
 Report any use or disclosure not permitted
9
The contractor, by execution of the contract, shall thereby indemnify and hold the County harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure
of the contractor to comply with the requirements of the Health Insurance Portability and Accountability Act
(HIPAA) or any other statute or case law protecting the privacy of persons using its services.
32.
PUBLIC EMERGENCY
In the event of a Public Emergency declared at the Local, State or Federal Level, if the County opts to
extend terms and conditions of this bid, the contractor agrees to extend the terms and conditions of this bid,
whether existing, expiring or expired no longer than six months, for goods and/or services for the duration
of the emergency. In the event the original contractor cannot meet this requirement, the County may solicit
the goods and/or services from any bidder on this contract.
33.
SOURCE OF SPECIFICATIONS/BID PACKAGES
Official County bid packages for routine goods and services are available from www.co.somerset.nj.us at
no cost to the vendor. All addenda are posted on this site. Potential bidders are cautioned that they are
bidding at their own risk if a third party supplied the specifications that may or may not be complete. The
County is not responsible for third party supplied specifications
34.
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in
certain investment activities in energy or finance sectors of Iran.
10
SPECIFICATIONS
INTERIOR PLANTSCAPE MAINTENANCE AT
40 NO. BRIDGE ST AND 20 GROVE ST, SOMERVILLE, NJ
1.0
DUTIES OF CONTRACTOR
The Contractor shall furnish everything, including all labor, supervision, supplies, parts,
materials, tools, and equipment necessary to provide full horticultural maintenance
service for the complete existing interior plantscape described below in Section 1.1, in
accordance with the contract specifications. The Contractor shall provide these services
completely under this full-service contract, which shall be considered all-inclusive,
without additional cost of any sort to Somerset County. The Contractor shall be
responsible for all work made necessary by ordinary wear and tear, but shall not be
responsible for the cost of damage resulting from accidental or malicious misuse or
abuse, or vandalism.
1.1
LOCATIONS
1.1.1 40 North Bridge Street, Somerville, NJ
1st Floor Lobby
1.1.6 Administration Building, 20 Grove St., Somerville, NJ
Atrium at the Lower Level, 1st, 2nd and 3rd Floors
Exterior Planter at the 1st Floor
2.0
CONTRACT TERM
The effective period of this contract shall be one year. Somerset County may elect to
extend this contract for no more than two additional one-year periods, for a total of
three years. The County will notify the Contractor of its intentions no less than 30 days
prior to the termination date of the contract period.
2.1
TERMINATION
2.1.1 If, during the effective period of this agreement, the Contractor violates
any of the provisions of this contract or fails to properly provide services
required by this contract as judged by the County in its sole discretion, the
County, on 30 days written notice by registered mail to the Contractor, may
terminate this agreement. (See also Termination Clauses.)
11
3.0
CONTRACT PRICE
The County will pay the Contractor each month during the term of this agreement the
sum bid for the faithful performance of the services herein required of the Contractor.
4.0
HOURS AND MANNER OF WORK
4.1
Normal Work: The Contractor shall perform all normal work during regular hours
(7:00 AM to 4:30 PM) of regular working days (Monday through Friday), except
holidays (Exhibit C).
4.2
Emergency Work: In response to all calls for emergency work, the Contractor
shall arrive at the County complex no later than the next regular working day
after receiving the call.
4.3
The County may request that normal or emergency work covered under this
agreement be performed on overtime. The Contractor shall absorb the straighttime labor charges and the County shall pay the Contractor for the difference.
4.4
The Contractor shall perform all work in accordance with industry standards,
best horticultural practices, and local conditions, in order to maintain the health
and appearance of all of the installed plantings, both live and artificial, and to
ensure optimal growing conditions and the highest quality appearance of the
planters. Preventive maintenance shall be conducted exclusive of repairs or
regular or overtime service. The Contractor shall allot as many hours to
preventive maintenance as conditions warrant.
4.5
The Contractor’s technicians shall complete a separate detailed service report
for each visit to the County Complex during which service was given, including
preventive maintenance, repair, and emergency. The report shall include the
date, specific work performed, problem(s) found, actions taken, materials and
parts used, starting and ending times, and further work required. The report
shall be signed by the technician and submitted by him/her to the Facilities &
Services Division for a signature acknowledging receipt of the report. The
Contractor’s technicians shall log in at the Facilities & Services office before
beginning work at any County facility, and shall wear a contractor identification
badge, issued at the time of log-in, at all times while in County facilities. The
Contractor’s technicians shall log out at the Facilities & Services office after
completing work, turning in the identification badge and submitting the service
report(s).
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4.6
Before assigning a new technician to conduct preventive maintenance, the
Contractor shall arrange for a technician who is familiar with the sites to
familiarize the new technician.
5.0
COUNTY’S RIGHT TO INSPECT AND REQUIRE WORK
The County reserves the right to make such inspections and tests whenever necessary
to ascertain that the requirements of this agreement are being fulfilled. Deficiencies
noted shall be promptly corrected by the Contractor.
6.0
COMPLIANCE WITH LAWS AND STANDARDS
6.1
In the performance of this contract, the Contractor shall abide by all existing
laws, codes, rules and regulations set forth by all appropriate authorities having
jurisdiction in the location where the work is to be performed.
6.2
The contractor shall perform all services in compliance with the Federal
Specifications regarding mixed commercial fertilizer (FS: O – F 241D).
6.3
Grading of plant material shall be in accordance with the State of Florida,
Department of Agriculture, Grades and Standards for Nursery Plants, and shall
be “Florida Fancy” or “Foliage #1 Grade” as described in the Interior Plant
Specifications section of Guide to Interior Landscape Specifications, 5th Edition,
2003, as published by the Associated Landscape Contractors of America (ALCA).
6.4
All plant material shall comply with State and Federal laws, including quarantines
with respect to inspection, plant diseases, and insect infestation.
6.5
The Contractor shall comply with all federal and state Department of Agriculture
regulations for pest control that, in general, require that contractors operating in
infested areas thoroughly clean all equipment units before moving them to noninfested areas.
6.6
The Contractor shall continuously maintain the entire interior plantscape in such
a way that it is fully compliant with all applicable codes and standards. Upon
receipt of a copy of a notice of violation(s) issued by or to the County, the
Contractor shall abate the sited violation(s) promptly, but no later than the
“abate by” date noted in the notice. Upon completion of all work to abate
violations, the Contractor shall notify the County in writing that all violations are
13
abated. In the event that the Contractor requires additional time to abate a
violation, the Contractor shall, within the time allowed by code, prepare an
application for an extension of time in which to abate violation(s) and submit it
to the County for approval and forwarding to the authority having jurisdiction
7.0
CONTRACTOR AND EMPLOYEES TO BE SATISFACTORY
7.1
The Contractor shall be experienced in interior landscape horticultural
maintenance services of a similar nature and scope, and shall perform the
services covered in these specifications without subcontracting any work.
7.2
By submitting a bid, the Contractor certifies that it meets the following
requirements:
7.2.1 The Contractor has completed, within the past three (3) years, a
minimum of three (3) projects of similar nature and scope to the services
required in these specifications.
7.2.2 The Contractor maintains a permanent place of business, with a
minimum of five (5) years in business.
7.2.3 The Contractor has access to all necessary equipment and has
organizational capacity and technical competence necessary to perform
the services properly and expeditiously.
7.2.4 The Contractor has a documented safety program with a history of
satisfactory past performance.
7.2.5 The Contractor is licensed by the state of New Jersey to apply pesticides
and insecticides approved for use indoors in the state of New Jersey.
7.2.6 The Contractor has a record of providing satisfactory maintenance service
in the past in accordance with contract documents, has diligently pursued
execution of the work under other contracts, and has fulfilled the
requirements of other contracts according to the established time
schedules.
7.3
The Contractor agrees that all work shall be performed by and under the
supervision of skilled, experienced, certified technicians, directly employed and
supervised by the Contractor. The Contractor shall submit a resume for each
and every technician assigned to work under this contract, along with certificates
and other supporting documentation. Any and all employees performing work
under this contract shall be satisfactory to the County. The Contractor and its
14
employees shall be experienced and qualified in the horticultural service field,
and shall be equipped with the necessary equipment required to accomplish the
work.
8.0
7.4
The Contractor shall have in its employ a minimum of one (1) currently Certified
Landscape Professional (interior) (CLP) as recognized by the Associated
Landscape Contractors of America (ALCA).
7.5
The Contractor shall provide at least one person, present at all times during the
execution of the work, who is thoroughly familiar with the type of materials
being maintained and the proper equipment and methods required for their
maintenance, to direct all work performed under this section. This person shall
have a minimum of three (3) years experience in handling the specified
materials, and in sizes specified, in installations of similar type and scope.
7.6
The Contractor shall have the Certified Landscape Professional present during
the execution of the work at least fifty percent (50%) of the time.
7.7
No one, except authorized employees of the Contractor who have been preapproved by the Somerset County Sheriff’s Department, shall be admitted to any
County facilities to work under this contract. Each and every employee of the
Contractor shall wear an identification badge with photograph, issued by the
Sheriff’s Department, as well as a uniform displaying the Contractor’s name.
7.8
Inasmuch as the plantscapes included in this contract are located in secure
and/or sensitive government facilities, each and every employee of the
Contractor will sign an Authorization to Release Records form (Exhibit A) and
submit to fingerprinting and a background check by the Somerset County
Sheriff’s Department prior to being assigned under this contract. The Contractor
shall not assign any employee who is not approved in advance. The Contractor’s
employees may be subject to search when entering or while working in County
facilities.
EXTENT OF THE WORK
8.1
Horticultural Maintenance shall consist of a complete, regularly scheduled
program for maintaining the health and appearance of all the installed plantings,
both live and artificial. (An approximate inventory is included in Exhibit D. This
inventory is included to assist the bidder in determining the scope and size of the
project, but is not intended to be a complete and precise inventory.) These
services shall be carried out by trained service technician(s) at all times. The
Contractor is responsible for all aspects of landscape maintenance during the
15
term of this contract.
8.2
Regular service procedures and functions shall include, but not be limited to:
8.2.1 Inspection of soil moisture levels and replenishment as required;
8.2.2 Trimming and cleaning of all foliage and seasonal floral units, removal
and proper disposal of diseased or unattractive plant debris from the
plant or the soil surface, and addition of planting medium and/or
topdressing to planting medium surface as needed;
8.2.3 Inspections for planting medium and foliar insect pests, diseases, and
other such infestations;
8.2.4 Rotation of plants, as possible and as necessary relative to available light
source in order to maintain attractive shape;
8.2.5 Maintenance of proper growing medium nutrient levels through manual
fertilizing or application;
8.2.6 Maintenance of originally specified grade with specified planting medium
when settling is measurable or observable;
8.2.7 Cleaning and adjustment of artificial plants.
8.3
The implementation of control measures for pest and disease infestations shall
be in strict compliance with all Federal, State and local regulations and preapproved by the County. Biological controls are preferred but other applications
may be considered, subject to pre-approval. A current pesticide applicator’s or
operator’s license shall be required by all those implementing any control
measures on site.
8.4
The Contractor shall establish and maintain an effective communication system
with the County.
8.5
The County will make every effort to provide access to the premises during
regular business hours and at other times as may be necessary, so that the
Contractor can conduct both regularly scheduled horticultural services and any
special services.
8.6
All equipment shall be properly maintained by the contractor. Should the
equipment or materials cause damage to the premises, for any reason, it shall be
the contractor’s responsibility to correct, repair, or reimburse for such damage,
to the satisfaction of the County, at the contractor’s expense.
16
8.7
The County shall supply water and electricity; however, the contractor shall
notify the County when he shall be requiring the use of such utilities required for
the conduct of the work.
8.8
The contractor shall perform the services in such a manner to prevent any
damage to existing building materials. Such protective measures shall be to the
satisfaction of the County, but are the responsibility of the contractor.
8.8.1 Should damage occur, for whatever reason, the County will repair and/or
replace the damaged property, at the County’s discretion, and deduct the
cost from the next payment due to the Contractor.
8.9
The contractor shall examine all lighting in the area and notify the County should
there be any change in lighting that could adversely affect the health and
maintenance of the plants. The contractor shall notify the County if certain
species of plants are not performing well due to insufficient or extreme light
conditions.
8.10
The contractor shall observe the plant characteristics for signs of deterioration
due to improper temperatures. The contractor shall perform temperature tests
during each of the seasons to determine the maximum and minimum
temperatures in any given area during a 24-hour period. Based upon this
information, certain plants may require watering more frequently than others
8.11
Watering: The contractor shall supply water to all plants based upon their
needs. Each filling tube and sensor shall be visually checked to ensure there is
sufficient water to keep the plants moist until the next scheduled visit. The CWI
sensor shall be adjusted or replaced with a longer sensor if it is determined that
the soil requires less water. Avoid splashing water on the foliage during
watering. Avoid getting debris in the filler tube when watering.
8.12
Foliage Care and Pruning:
8.12.1 All foliage shall be examined and cleaned on a weekly basis.
contractor shall keep the foliage clean at all times.
The
8.12.2 All yellow or discolored leaves shall be removed from any plant during
each scheduled visit.
8.12.3 If there is significant yellowing of leaves, the contractor shall provide the
necessary examination to determine the cause of the yellowing and
perform the necessary maintenance to correct the problem and prevent
17
further problems.
8.12.4 The contractor shall attempt to anticipate problems before they become
evident and apply the necessary steps to prevent major foliage problems.
8.12.5 Any excess cleaning solution shall be removed from the foliage.
8.12.6 The contractor shall trim any leaf that exhibits tipburn as specified for
that specific leaf type. The entire leaf should be removed if it will not
cause disfigurement or other health problems to the plant.
8.12.7 The contractor shall use scissors that have been disinfected.
8.12.8 Plants that are exhibiting phototropism shall be turned as necessary to
provide even growth and leaf distribution.
8.12.9 Leaf shine products shall not be used unless requested or approved by
the County.
8.12.10
All trees and shrubs shall be pruned in accordance with good
horticultural practice and as directed by the County.
8.12.11
Remove dead, injured twigs and broken branches and those
sufficient to compensate for the loss of roots resulting from any
transplanting operations.
8.12.12
Prune those branches that interfere with the desired shape of the
plant.
8.12.13
Do not change natural habit or shape of plant.
8.12.14
Artificial plants shall be visually inspected during the regular live
plant maintenance schedule for cleanliness, damaged material and
misaligned plants.
8.12.15
The Contractor shall keep artificial plant leaves clean at all times,
and at a minimum shall clean artificial plants on a quarterly basis (every
three (3) months) using a damp cloth and artificial leaf cleaner specifically
designed for use on silk materials.
8.13
Fertilizers:
8.13.1 The contractor shall supply either water soluble fertilizer or slow release
18
pellets coated with plastic or sulfur to deliver the necessary nutrients
required for each plant based upon its characteristics, including light and
water levels.
8.13.2 The contractor shall test the soil no less than twice a year, and as
required by conditions or at the County’s request, to determine if there
are any variations of fertilizers, soluble salts, or fluoride, within the soil.
8.13.3 The contractor shall notify the County of any variations in soil quality,
fertility, pH, etc. Any deviations shall be adjusted by the contractor.
8.13.4 All fertilizers shall be applied as per the manufacturer’s instructions.
8.13.5 The contractor shall provide MSDS sheets to the County for any
fertilizer/solutions being used at the project.
8.14
Soil and Mulch Care:
8.14.1 The contractor shall check and add soil as needed to the top level of all
plants, both live and artificial.
8.14.2 The contractor shall replenish any mulch as required to keep the proper
levels.
8.14.3 The contractor shall ensure that all growing pots are covered either by
soil or mulch.
8.14.4 The contractor shall remove any foreign debris from the planter areas
and dispose of the debris accordingly.
8.14.5 The contractor shall notify the County if certain areas seem to be more
compacted or disturbed due to other sources, such as passing
pedestrians, spills, etc.
8.15
Pest and Disease Control:
8.15.1 The contractor shall inspect and monitor all plants and leaves on a weekly
basis for signs of any insects or diseases.
8.15.2 The contractor shall use at least a 10X magnifying glass to look for eggs,
larvae and adults on both sides of the foliage, in the axils, along the leaf
petioles, and the stems.
19
8.15.3 Yellow sticky cards shall be installed among plants to attract any (certain
types of) insects to evaluate their presence.
8.15.4 In the event that an insect, biotic, or abiotic disease problem is detected,
the contractor will implement Integrated Pest Management (I.P.M.)
techniques to control the pest and/or problem. The contractor shall
notify the County prior to such methods.
8.16
Filling CWI Reservoirs
8.16.1 Remove the stopper, being careful not to get soil into the reservoir.
8.16.2 Fill reservoir with water halfway initially.
8.16.3 After the first week, check that the water level in the reservoir is lower
than the original fill level and the topsoil appears dry.
8.16.4 Thereafter, fill reservoir completely every 2, 3, or 4 weeks, depending on
the plant and its environment. Refill reservoir before it is empty. Always
use clean water when filling.
8.16.5 Moisten stopper and replace with a firm downward twist. Stopper must
provide an airtight seal for system to function properly.
8.16.6 Do not check water level more frequently than necessary as removing the
stopper breaks the internal vacuum and disrupts the system.
8.16.7 Do not put any systemic pesticides into the reservoir.
8.17
Cleanup
8.17.1 During and after all work done under this contract, remove all trash,
excess materials, and other debris. Clean all floors and other surfaces
from any planting medium or dirt that accumulated during the work. Any
damage, including but not limited to stains, scratches, or damage to
flooring, walls, or other finished surfaces shall be promptly corrected at
no cost to the County in a manner acceptable to the County.
9.0
Plant Replacement
9.1
At no cost to the County, the contractor shall replace any plant or plants,
including rotating seasonal floral plants, which deteriorate in health and
20
appearance so as to become a lesser specification and/or grade, within reason,
from that which was originally installed. Either the contractor or the County may
make the decision to replace. However, on request from the County, the
contractor shall perform any such replacements.
9.2
All plant replacement shall be made with the same species, size, and grade
plants as were listed in the original specifications or with another plant of
comparable value, which has been pre-approved by the County.
9.3
At the County’s expense, the contractor shall replace any plant or plants which
deteriorate in health and appearance under the following conditions:
9.3.1 Maintenance or other well-meaning care of plant materials by anyone
other than the contractor.
9.3.2 Significant building HVAC equipment failure or lighting systems failure to
the extent that the failure seriously affects the growing conditions of the
plants. Temperatures must drop below 50 degrees for a period of at
least two hours.
9.3.3 Fire, theft, vandalism, flood, freezing, explosion, acts of terrorism, or act
of God.
9.3.4 Moving or handling of any plant by others without contractor’s prior
consent.
9.3.5 Compaction caused by machinery or foot traffic.
9.3.6 Significant change of lighting levels or significant alteration of the lighting
schedule at the project site from those levels that existed at the time of
the original bid for the maintenance contract. Burned out light bulbs are
not considered a significant light level change, however, it shall be the
contractor’s responsibility to notify the County if any have burned out.
9.3.7 Significant adjustments to the humidity or temperature levels from the
levels that existed at the time of the original bid for the maintenance
contract. Temperatures must drop below 50 degrees for a period of at
least two hours.
9.3.8 Accidental or malicious damage to plants, containers, or related interior
landscape materials by County’s employees, cleaning or other personnel
associated with the building, or by the general public.
21
9.3.9 Introduction of any liquids into the planting medium, such as cleaning
chemicals, alcohol, waste water from equipment cleaning, or the use of
toxic gases such as strong ammonia from floor cleaning and stripping or
use of paint containing mercury or napthane in the area.
9.3.10 Plant materials not installed by the contractor.
9.3.11 Any problem or situation noted above must be immediately brought to
the County’s attention and put into writing by the contractor with proper
documentation and facts. It is the contractor’s responsibility to observe
any changes or fluctuations in growing conditions that may be
detrimental to plant health.
10.0
Products
10.1
Planting Medium within the CWS planter liners and CWI containers shall be a
sterilized, soilless growing media. Its formulation shall be: 50%Canadian
sphagnum peat; 35% fir bark; 15% sand.
10.2
The contractor shall provide all fittings and accessories necessary for the proper
functioning of the CWI containers and CWS planter liners, as recommended by
the manufacturer.
10.3
Live plant materials shall meet the following standards and requirements:
10.3.1 Each specimen shall be nursery grown.
10.3.2 Specimens shall be true to names and sizes and shall conform to the
following standards.
10.3.3 Nomenclature: Guide to Interior Landscape Specifications, 5 th ed.,
Associated Landscape Contractors of America 2003 “(ALCA Guide)”
Names of plants required under this contract shall conform to those
given in “ The Guide to Interior Landscape Specifications, 5th ed.” Names
of varieties not included therein shall conform with names given in the
current edition of “standardized Plant Names” prepared by the American
Joint Committee on Horticultural Nomenclature or those name generally
accepted in the nursery trade.
10.3.4 Sizes: Guide to Interior Landscape Specifications, 5 th ed., Associated
Landscape Contractors of America 2003 (ALCA Guide).
22
10.3.5 Cultural Requirements: Guidelines to Foliage Plant Specifications for
Interior Use, Florida Foliage Association, 1978.
10.3.6 Quality Standards: All specimens shall be Florida Fancy or Florida No. 1 as
per Grades and Standards for Nursery Plants, Parts I and II, Florida
Department of Agriculture and Consumer Services., 1975.
10.3.7 All plants provided under this Agreement shall have been established in
their present growing containers for at least six (6) months prior to
installation.
10.3.8 No plants provided under this Agreement shall be accepted that require
permanent staking in order to maintain an upright position.
10.3.9 Plants shall have well-developed root systems, and on inspection shall be
found to be free of pests and/or disease. The roots shall be well
distributed throughout the container such that they visibly extend on all
sides to the inside face of the growing container. Conversely, the root
formation within the container shall not have developed to the point
where it becomes excessive (i.e. “pot-bound” and prohibits water from
permeating to the fine water-absorbing root hairs. All plants larger than
the 10-inch pot size provided under this agreement shall have been
established in their present growing containers for at least six months
prior to installation.
10.3.10
The contractor shall provide plants, unless specified otherwise, of
quality and size equal to or surpassing Foliage No. 1 grade as described in
the “Interior Plant Specifications” section of the ALCA Guide.
10.3.11
The Contractor shall prepare all plants for existence within the
project premises by acclimatizing them to lower light, moisture, humidity,
and fertilization levels in conformance with accepted industry standards
and as recommended in the “Plant Schedule Section” of this specification
or the ALCA Guide.
10.3.12
Plants shall be free from disease and pest infestation that could,
by their presence, induce or contribute to the decline of the plant. Plants
shall be of a normal growth habit for the species; however, naturalistic
forms of plant materials are preferred to highly pruned and shaped
forms.
10.3.13
Plants’ root systems shall afford firm support and insure physical
stability of the plant parts above the planting medium. The root system
23
shall maintain life systems required to produce vigorous, healthy growth.
If a larger grower container is required than what was specified as the
minimum in the “Schedule of Plant Types,” it shall be the Contractor’s
responsibility to select and provide the appropriate container size.
10.3.14
Trunks: Trunks of trees shall have a shape normal to their species,
and all old abrasions and cuts shall be completely callused over. Trees
that have had their leaders cut or so damaged that cutting is necessary
will be unacceptable.
10.3.15
Foliage must be present in such quantity as may be required to
produce an appearance representative of the species.
10.3.16
Plant materials must be reasonably free of conspicuous scarring
evidence. Scars, conspicuous or not, must be substantially healed,
providing no point of entry for deleterious pathogens or boring insects.
There must be no splitting of canes or branching points.
10.3.17
Dead wood and all stubs resulting from pruning must be removed.
10.3.18
Plants shall be pruned according to the County’s direction and in
accordance with standard horticultural practice to preserve the natural
character of the plant. Only clean, sharp tools shall be used. No trees
shall have cuts of limbs over one and one-half (1½) inch in diameter.
10.3.19
Each plant shall have been transplanted or had its roots pruned at
least once during the previous three years.
10.3.20
Plants must be free of any chlorosis, yellowing, or poor
chlorophyll formation and be turgid and substantially erect as well as
substantially free of blemishes resulting from technical, chemical,
pathological, or pest-induced damage.
10.3.21
Plant materials must be reasonably free of dust, pesticide, and
water-borne residues. This shall include products specifically formulated
as leaf polish. Combination foliage cleansers and polishes are acceptable.
10.3.22
Specimen plant materials shall be labeled with a durable, legible
label stating the correct plant name and size in weather-resistant ink or
embossed process. Attach labels securely to all specimens delivered,
being careful that labels attached directly to plants will not restrict
growth.
24
10.3.23
All specimens shall show individual certificates of inspection by
the agricultural department of the state of origin.
10.4
Artificial Plant Materials
10.4.1 Specimens shall be true to names and sizes and shall conform to the
following standards.
10.4.2 Artificial plants shall have leaves made of silk and appear true to the
plant they are representing.
10.4.3 Artificial trees shall use real tree bark with silk leaves.
10.4.4 The artificial plants shall appear full from all sides.
10.4.5 All trees shall be straight.
10.4.6 The sizing of artificial plants shall follow the guidelines for live plant
material.
11.0
Accessory Materials
11.1
Anti-desiccant shall be an organic polymer consisting entirely of carbon and
hydrogen, nontoxic to mammals, with an LD50, delivered in manufacturer’s
containers and used according to manufacturer’s instructions. Apply during
shipment and as required.
11.2
Stopper: The rubber plug that seals the fill hole on all container irrigation
systems. Part shall be of natural rubber and supplied by Planter Technology, or
approved equal. (Part number varies by type of planter used.)
11.3
Grommet: Small rubber grommet secures the sensor to the planter wall. Model
number GRP as manufactured by Planter Technology or approved equal.
11.4
Inlet Disk: Porous disk that restrict the flow of water from the reservoir into the
planting area. Disks shall be 1” white porous material as manufactured by
Planter Technology (Model # IDP-SS), or approved equal.
11.5
Retainer Ring: Washer used to hold the inlet disk in place. Shall be
manufactured of 1” black rubber by Planter Technology (Model # RRP) or
approved equal.
11.6
Root confuser disk: Plastic disk (Model # RCDP) to prevent roots from growing
25
into irrigation reservoirs.
12.0
13.0
11.7
Mulch: Shall be pine bark and shall pass all applicable codes with regard to fire
retardancy.
11.8
All materials and hardware to be supplied by the Contractor, not specifically
described herein, shall be of suitable construction, composition, and quality to
achieve their intended function within the interior landscape.
Plant Rotations
12.1
Certain areas have been designated as rotational to provide more color and
variety to the plantscape. An eight (8) week interval program with six (6)
rotational replacements per year shall be provided.
12.2
The contractor shall supply plants that provide varied colored foliage and
constant flowering within the designated areas. Plants that will not provide a
flowering time to last the 8-week interval and will fade prior to the next rotation
shall not be used, unless authorized by the County.
12.3
Pot sizes of the plants shall not exceed six (6”) inches unless authorized by the
County.
12.4
All rotational plants shall be in accordance with standards used in the industry.
The cost of the rotational plants to be used shall be included in the lump sum
price of the annual contract.
SITE VISITS
Prospective bidders may arrange to examine the existing conditions by calling the
Facilities & Services office at 908-231-7001 to schedule an appointment.
26
EXHIBIT A
Authorization for Background Check
____________________________________________
(Name )
___________________________
(Date of Birth)
_______________________________________ ___________________, _____ _________
(Address)
(City)
(State) (Zip Code)
(_________) _______________________
(Telephone Number)
_________ - __________- __________
(Social Security Number)
By my signature below, I hereby authorize any representative of the Somerset County Sheriff’s Office, access and
release of all Federal, State, and Local records pertaining to my Criminal History. I also agree to a Motor Vehicle
Records Check (Police applicants only) and submittal to being fingerprinted and photographed by the Bureau of
Criminal Identification.
I understand that the information released is for official use by the Somerset County Sheriff’s Office only, to
determine my suitability to work within the confines of the Somerset County Complex and any other buildings or
properties owned or run by the county of Somerset.
I hereby release you, your organization, and all others from liability or damages that may result from furnishing
the information requested, including any liability or damage pursuant to any state for federal laws.
I understand my rights under title 5, United States Code, Section 552a, the Privacy Act of 1974, with regard to
access and to disclosure of records, and I waive those rights with the understanding that information furnished
will be used in accordance with the Somerset County Sheriff’s Office procedures.
You must present two forms of personal identification from the list below. One form must have your photograph
on the identification. Approved identifications are:
•
•
•
•
Your Driver’s License
Your Social Security Card
Your Birth Certificate
Your Passport
Signature: _________________________________ Date: _____________________
27
EXHIBIT B
HOLD HARMLESS AGREEMENT
Notice Regarding Hold Harmless Agreement
From time to time, some contractors find it necessary to borrow certain equipment from F&S
(such as a ladder, scissor-lift, hand tool, etc.) in order to expedite the completion of a job. F&S is willing
to oblige, but is not permitted to do so unless a Hold Harmless Agreement has been executed with
Somerset County in advance.
Attached is a copy of the Hold Harmless Agreement for your review and use. You may complete
it, if you choose to do so, and return it to the Somerset County Facilities & Services Division, P.O. Box
3000, Somerville, NJ 08876. A copy of the executed Agreement will be returned to you after being acted
upon by the Somerset County Board of Freeholders. Should you have any questions, please contact the
F&S Office Manager at 908-231-7001.
Revised 1/15
28
HOLD HARMLESS AGREEMENT
AGREEMENT, made this ________ day of
_____________ ,
2015, by and between the
COUNTY OF SOMERSET, whose address is Administration Building, 20 Grove Street, P.O. Box 3000,
Somerville,
New
Jersey
08876
(hereinafter
referred
to
______________________________________________________________,
as
“County”),
whose
______________________________________________________________________
address
and
is
(hereinafter
referred to as “Contractor”).
WHEREAS the Contractor is desirous of using certain equipment and/or machinery as more
particularly described on the attached Schedule “A”, which equipment and/or machinery is owned by the
County; and
WHEREAS the County is desirous of granting its permission for the Contractor to use its
equipment and/or machinery on the basis agreed to by the parties so long as the Contractor agrees to hold
the County harmless from any injury or property damages sustained or caused by or during the use of the
equipment and/or machinery by the Contractor to any person or property and so long as the Contractor
agrees to provide insurance coverage listing the County as an additional insured on its liability insurance
policy;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The County agrees to permit the Contractor to use that certain equipment and/or machinery as more
particularly described on the attached Schedule “A” under the terms and conditions agreed to by the
Contractor.
2. The Contractor agrees to hold the County harmless from any and all claims for personal injury or
property damage caused by the use of the equipment and/or machinery by the Contractor, including
any claims of the Contractor’s agents, employees, invitees, or assigns, as well as any other person or
property that is damaged during the use of or as a result of the use of the equipment and/or machinery.
3. This indemnity shall include any and all costs incurred by the County including, but not limited to,
29
legal fees.
4. Additionally, the Contractor agrees to provide proof of liability insurance coverage in a minimum
amount of $250,000.00 per single occurrence and $500,000.00 per incident, which policy shall be in
full force and effect.
5. This agreement shall extend until terminated, in writing, by either party.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT the day and year first above
written.
COUNTY OF SOMERSET:
Kathryn A. Quick
Deputy Clerk
Mark Caliguire
Freeholder Director
CONTRACTOR:
Date:
(Revised 1/15)
30
SCHEDULE A
1. Step Ladders
2. Extension Ladders
3. Fork Lift
4. Scissor Lift
5. Scaffolding
6. Electrical Extension Cords
7. Vacuums
8. Bucket Truck
9. ___________________________________
10. ___________________________________
All items based on availability.
31
EXHIBIT C
COUNTY HOLIDAYS 2015
The Somerset County Administrator has approved the following schedule of holidays for 2015:
New Year’s Day
Martin Luther King’s Birthday
President’s Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Election Day
Veteran’s Day
Thanksgiving Day
Thanksgiving Friday
Christmas Eve
Christmas Day
Thursday
Monday
Monday
Friday
Monday
Friday
Monday
Monday
Tuesday
Wednesday
Thursday
Friday
Thursday
Friday
January 1
January 19
February 16
April 3
May 25
July 3
September 7
October 12
November 3
November 11
November 26
November 27
December 24
December 25
32
EXHIBIT D
Plant Inventory
20 Grove Street
Planter 1
Live Flowering Bromeliads
Live Snake Plants
Live Liriope
Silk Spathiphyllum
Live 17" Bamboo
6
2
5
5
1
Planter 2
Live Bamboo Palm
Live 8" Pothos
1
6
Planter 3
Live Ficus Tree
Silk Ivy
Silk Aglaonema
1
12
6
Planter 4
Live Flowering Bromeliads
Live Dracaena Marginata
Tricolor
Live Variegated Ivy
Silk Aglaonemas
18
Planters5 & 6
Live Cycads
Live Liriope
Live Flowering Bromeliads
Live Snake Plants
Live Aspidistra
Live Dracaena Tricolo
Silk Aglaonemas
Silk Ivy
2
10
26
2
2
2
8
16
Planter 7
Live Ivy
Live Flowering Bromeliads
Live Spathiphyllum
Silk Janet Craigs
12
10
10
6
Planter 8
(Exterior)
Silk Ilex
Live Juniper
12
13
Planter 9
Lower Level
Live 10" Philodendron Selloum
Live Aspidistra 10"
Live Flowering Bromeliads
Live Snake Plants
Live Kentia Palm
Live Variegated Pleomele
Live Ivy
3
8
21
4
1
8
18
33
2
10
8
Silk 10" Tai Plants
15
Planter 10
2nd Floor Stair Rail
Baltic Ivy
31
Planter 11
2nd Floor Window Rail
Baltic Ivy
25
Planter 12
3rd Floor Stair Rail
Baltic Ivy
31
Planter 13
3rd Floor Window Rail
Baltic Ivy
25
40 N. Bridge St.
Planter 1
Live 8" Aglaonemas
Live 10" Spathiphyllum
Silk Large Warneckei Cane
5
3
1
Planter 2
Live 8" Aglaonemas
Live 10" Spathiphyllum
Silk Large Warneckei Cane
5
3
1
Planter 3
Live 10" Spathiphyllum
Silk Aglaonemas
Live Flowering Bromeliads
Silk Large Exotic Marginata
4
7
5
1
Planter 4 & Planter on
opposite side of door
to rear entrance
Live Areca Palms
Silk Exotic Marginata
Live Liriope
Silk Tai Plants
Silk Aglaonemas
Live Pothos
Silk Tall Warneckei
2
2
16
6
2
8
1
Planter 5
Live Snake Plants
Live Flowering Bromeliads
3
6
Planter 6
Live Snake Plants
Live Flowering Bromeliads
3
6
34
EXCEPTIONS:
(IF NONE SO STATE)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
35
COUNTY OF SOMERSET
BID DOCUMENT CHECKLIST
Required
With
Bid
Read, Signed
& Submitted
Bidder’s Initial
A.
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR REJECTION OF BID
Stockholder Disclosure Certification
Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued)
Required Evidence EEO/Affirmative Action Regulations Questionnaire
Non-Collusion Affidavit
Bid Guarantee (bid bond or certified/cashier’s check)
(with Power of Attorney for full amount of Bid Bond)
Consent of Surety (Certificate from Surety company)
Surety Disclosure Statement and Certification
Performance Bond
Maintenance Bond
License(s) or Certification(s) Required by the Specifications
Other: Submit resume, certificate & other supporting documents of each technician to work under this
contract
B.
MANDATORY ITEM(S), REQUIRED NO LATER THAN TIME PERIOD INDICATED
Business Registration Certificate – Bidder, (Preferred with response, but effective at contract award)
Business Registration Certificate – Designated Subcontractor(s), (Preferred with response, but
effective at contract award)
Public Works Contractor Registration Certificate(s) for the Bidder and Designated Subcontractors
(Preferred with response, but effective at contract award)
Disclosure of Investment Activities in Iran
C.
FAILURE TO SUBMIT ANY OFTHESE ITEMS AT TIME OF BID MAY BE CAUSE FOR REJECTION
Three (3) references for similar projects
Authorization for Background Check
Catalog/Price List
Product Samples
Certification of Available Equipment
Other: CD with PDF of Bid Response along w/Printed Copies (ref page 1)
D.
READ ONLY
Americans With Disability Act of 1990 Language
E.
OPTIONAL ITEM(S)
County Cooperative Contract Option
This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all
specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.
Name of Bidder:
Date:
By Authorized Representative:
Signature:
Print Name & Title:
36
COUNTY OF SOMERSET
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE COUNTY OF SOMERSET
BOARD OF CHOSEN FREEHOLDERS:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of Services attached,
that he/she has determined the conditions affecting the bid and agrees, if this bid is accepted, to furnish and deliver
services per the following:
Interior Plantscape Maintenance :
Year 1 $ _______________/Month
$__________________/Year
Year 2 $ _______________/Month
$__________________/Year
Year 3 $ _______________/Month
$__________________/Year
Total Cost for Three Years $____________________________
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
37
.
COUNTY OF SOMERSET
STOCKHOLDER DISCLOSURE CERTIFICATION
N.J.S.A. 52:25-24.2 (P.L. 1977 c.33)
FAILURE OF THE BIDDER TO SUBMIT THE REQUIRED
INFORMATION IS CAUSE FOR AUTOMATIC REJECTION
CHECK ONE:
I certify that the list below contains the names and home addresses of all stockholders holding 10% or more
of the issued and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Legal Name of Bidder Business: _________________________________________________________________
Check which business entity applies:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Partnership
Limited Liability Corporation
Subchapter S Corporation
Other
Complete if the bidder/respondent is one of the 3 types of Corporations:
Date Incorporated:
Where Incorporated:
Business Address:
STREET ADDRESS
CITY
STATE
TELEPHONE #
FAX #
EMAIL
ZIP
Listed below are the names and addresses of all stockholders, partners or individuals who own 10% or more of its stock of any
classes, or who own 10% or greater interest therein.
NAME
HOME ADDRESS
NAME
HOME ADDRESS
CONTINUE ON ADDITIONAL SHEETS IF NECESSARY:
Yes
No
Signature:
Date:
Printed Name and Title:
38
COUNTY OF SOMERSET
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of ____________________________________
in the County of _____________________ and State of _________________________ of full age, being duly sworn
according to law on my oath depose and say that:
I am _____________________________ of the firm of ___________________________________
(Title or position)
(Name of firm)
the bidder making this Proposal for the above named project, and that I executed the said proposal with full authority so
to do; that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise
taken any action in restraint of free, competitive bidding in connection with the above named project; and that all
statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the
County of Somerset relies upon the truth of the statements contained in said proposal and in the statements contained in
this affidavit in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed or retained to solicit or secure such
contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona
fide employees or bona fide employees or bona fide established commercial or selling agencies maintained
by_________________________________.
(name of contractor)
(N.J.S.A. 52:34-25)
Subscribed and sworn to
before me this _______day
of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
39
A.
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the
County and Division of Public Contracts Equal Employment Opportunity Compliance. During a review,
Division representatives will review the County files to determine whether the affirmative action evidence
has been submitted by the vendor/contractor. Specifically, each vendor/contractor shall submit to the
County, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing Federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the vendor to the
County and the Division. This approval letter is valid for one year from the date of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
If yes, please submit a photostatic copy of such approval.
Yes
No
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the County as evidence
of its compliance with the regulations. The Certificate represents the review and approval of the vendor’s
Employee Information Report, Form AA-302 by the Division. The period of validity of the Certificate is
indicated on its face. Certificates must be renewed prior to their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval? Yes
If yes, please submit a photostatic copy of such approval.
No
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to the
Division with $150.00 Fee and forward a copy of the Form to the County. Upon submission and review
by the Division, this report shall constitute evidence of compliance with the regulations. Prior to execution
of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the
Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
The undersigned vendor certifies that he/she is aware of the commitment to comply with the
requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said
contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ____________________________ SIGNATURE: __________________________
PRINT NAME:__________________________TITLE: ________________________________
DATE: __________________
40
(REVISED 4/10)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment
because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or
expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or
expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and
employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such
equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of
this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age,
race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to
be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer
pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in
accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to,
employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of
age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect
discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing
conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey
and as established by applicable Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to
transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or
sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable
Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services
contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency
through the Division’s website at ww.state.nj.us/treasury/contract_compliance).
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property,
CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of
these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase &
Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the
Administrative Code at N.J.A.C. 17:27.
41
COUNTY OF SOMERSET
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act
of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public
entities in all services, programs, and activities provided or made available by public entities, and the rules and
regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service
on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict
compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or
are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in
any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and
save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses,
demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The
contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all
costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith.
In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any
decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative
proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation
of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge
the same at its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the
contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought
against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have
forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the
owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the contractor
pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend,
indemnify, protect, and save harmless the owner pursuant to this paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the
contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their
performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of
this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they
be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions
available to it under any other provisions of the Agreement or otherwise at law.
42
October 20, 2004
Revised Contract Language for BRC Compliance
Goods and Services Contracts (including purchase orders)
* Construction Contracts (including public works related purchase orders)
N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that
knowingly provide goods or perform services for a contractor fulfilling this contract:
1) the contractor shall provide written notice to its subcontractors and suppliers to submit proof of
business registration to the contractor;
*2) subcontractors through all tiers of a project must provide written notice to their subcontractors and
suppliers to submit proof of business registration and subcontractors shall collect such proofs of
business registration and maintain them on file;
3) prior to receipt of final payment from a contracting agency, a contractor must submit to the contacting
agency an accurate list of all subcontractors and suppliers* or attest that none was used; and,
4) during the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify
all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey
Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et
seq.) on all sales of tangible personal property delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration or provides
false business registration information shall be liable to a penalty of $25 for each day of violation, not to
exceed $50,000 for each business registration not properly provided or maintained under a contract with a
contracting agency. Information on the law and its requirements is available by calling (609) 292-9292.
ALERT
FAILURE TO POSSESS A
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
MAY BE CAUSE FOR REJECTION OF YOUR BID RESPONSE
43
COUNTY OF SOMERSET
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES.
FAILURE TO POSSESS A NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
MAY BE CAUSE FOR REJECTION OF YOUR BID RESPONSE
REGARDLESS OF THE FACT THAT A COPY MAY ALREADY BE ON FILE WITH THE
COUNTY OF SOMERSET
44
Division of Purchasing
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Solicitation Number:
Bidder/Offeror:
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract
must complete the certification below to attest, under penalty of perjury, that the person or entity, or one of the person or entity’s parents,
subsidiaries, or affiliates, is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging
in investment activities in Iran. If the Director finds a person or entity to be in violation of the principles which are the subject of this law,
s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking
compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the person or entity.
I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am authorized to bid/renew:
☐
is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a person or entity that provides oil or
liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy
sector of Iran, AND
☐
is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for 45 days or more, if that person or
entity will use the credit to provide goods or services in the energy sector in Iran.
In the event that a person or entity is unable to make the above certification because it or one of its parents, subsidiaries, or affiliates
has engaged in the above-referenced activities, a detailed, accurate and precise description of the activities must be provided in part 2
below to the Division of Purchase under penalty of perjury. Failure to provide such will result in the proposal being rendered as
non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or
affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below.
NAME:____________________________________________ Relationship to Bidder/Offeror__________________________
Description of Activities__________________________________________________________________________________
Duration of Engagement______________________________ Anticipated Cessation Date:_____________________________
Bidder/Offeror Contact Name__________________________ Contact Phone Number________________________________
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the
best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced
person or entity. I acknowledge that Somerset County is relying on the information contained herein and thereby acknowledge that I am
under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County
in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make
a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law
and that it will also constitute a material breach of my agreement(s) with Somerset County, New Jersey and that the County at its option may
declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print)___________________________________ Signature: _________________________________________
Title______________________________________________ Date:_____________________________________________
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COUNTY OF SOMERSET
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
FORM NOT REQUIRED IF NO ADDENDA ISSUED
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